NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25874
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The ten (10) days of suspension imposed upon Foreman F. Hood for
alleged violation of Rules 'D', 'E' and '3013' on October 14, 1982 was arbitrary, capricious, unwarr
Docket CR-105-D).
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant, a Foreman, was suspended for ten days as a result
of an altercation in the Track Supervisor's Office in
Edgemoor, Delaware. Claimant was charged as follows:
"Failure to conduct yourself in a proper manner when
issued instructions by Supervisor, R. L. Dondiego, at
approximately 7:10 AM, on October 14, 1982 which resulted in an altercation at the Track Supervisor'
Office in Edgemoor, Delaware.
Violation of General Rules D and E, Rules of the Transportation Department when at approximately
October 14, 1982 at the Track Supervisor's Office in
Edgemoor, Delaware, you failed to properly perform your
duties as Foreman in dealing with your Supervisor, R. L.
Dondiego.
Violation of Safety Rule 3013 governing Maintenance of
Way Employees at approximately 7:10 AM on October 14,
1982 you were involved in a scuffle with your Supervisor,
R. L. Dondiego, at the Track Supervisor's Office in Edgemoor, Delaware."
A Hearing into the matter was held on October 21, 1982. He was found
guilty as charged and assessed a ten-day deferred suspension.
This Board has reviewed the Transcript of the Hearing and must conclude that Claimant was guilty
suspension was not an inappropriate penalty.
Award Number 26423 Page 2
Docket Number MW-25874
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
000,
Attest:
Nancy J D er - Executive Secretary
Dated at Chicago, Illinois this 24th day of August 1987.